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HomeMy WebLinkAbout01/11/1999 - Study Session0 CITY OF NEWPORT BEACH City Council Minutes Study Session January 11, 1999 - 3:00 p.m, ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None CURRENT BUSINESS 1. UPDATE FROM CITIZENS ADVISORY COMMITTEES. Mayor O'Neil announced that the committees would be providing an update on their activities over the past year, their accomplishments, and their goals for the upcoming year. He said the updates might also include what the committees are doing well, and suggestions on how they might be able to do things better. Mayor O'Neil announced that the City Council would be meeting in a goal setting meeting on January 30, 1999. He said that the reports from the committees would help the City Council set their overall goals for the City. • Harbor Quality Citizens Advisory Committee Council Member Glover, Chairperson of the Harbor Quality Citizens Advisory Committee, introduced four of the Committee members in attendance at the meeting: Tom Houston, Len Miller, Bud Frenzel and George Drayton. Mr. Houston expressed how rewarding working on the Committee has been. He said that issues have been addressed, consensus has been built, and ordinances and regulations have been adopted. He said it has resulted in a vast improvement to the quality of the harbor. Mr. Houston added that there is a lot more work to be done. He feels that the harbor is really the jewel of the City. Mr. Houston referred to the list of the 1998 Achievements and 1999 Goals, provided to the City Council. He said the 1998 Achievements list includes some of things the Committee was involved with in an advisory capacity over the year. Mayor O'Neil recognized Council Members Noyes and Glover, also on the Committee. Mayor O'Neil asked about the role that the Ad Hoc Harbor Committee will • play. Mr. Houston stated that the proposal is to have the Ad Hoc Committee, which is to be sunsetted after one year, report directly to the City Council. Council Member Debay confirmed with Mr. Houston that the Committee still Volume 52 - Page 266 INDEX Citizens Advisory Committees (24) • City of Newport Beach City Council Minutes January 11, 1999 INDEX strongly supports the ordinance to ban the feeding of the birds. He stated that other areas have been addressed, and that, yes, it is now time to address this problem. He admitted that there is no hard evidence to support the ban, but that he feels the birds are a part of the harbor quality problem. Mayor O'Neil announced that a presentation would be made at the evening City Council meeting by Fire & Marine Chief Riley, supporting the ban. Mayor Pro Tem Thomson asked Mr. Houston if the Ad Hoc Committee was really needed, or if the Committee could perform the functions, as outlined. Mr. Houston stated that the current Harbor Review Task Force meets at 7:00 a.m., twice a month, and that they are a very dedicated group. He stated that the. Ad Hoc Committee will be more focused, although he admitted some functions will overlap. Council Member Ridgeway stated his support for the Ad Hoc Committee. Council Member Glover stated that the Ad Hoc Committee idea evolved from the formation of the Task Force and that the Task Force had a desire to branch out on their own. Mr. Frenzel announced that a program on television the night before, on Channel 28, discussed the results of the feeding of birds and wild animals. He said that he feels the information provided on the program could act as • evidence in support of the ban. Mayor O'Neil expressed the City Council's appreciation of the work done by the Harbor Quality Citizens Advisory Committee. Aviation Committee Council Member Glover, Chairperson of the Aviation Committee, read directly from her Report on the Goals and Objectives of Aviation Committee, as provided to the City Council. The report covered a status report on the Committee's 1998 goals and objectives, and proposed goals and objectives for 1999. Council Member Glover introduced some of the Committee members in attendance: Sue Hogan, Pete Drummond, Tim Brown, Bing Girling and Tom Naughton, President of the Airport Working Group (AWG). Mayor O'Neil expressed the importance of the Committee and the role it plays in supporting an airport at El Toro. Council Member Noyes asked for a recommendation from the Committee on how best the City should proceed in getting an airport at the El Toro site. Mr. Naughton stated that the AWG has one more year to really accomplish its objective of getting an airport online at El Toro, in combination with a • two - airport system at John Wayne Airport. He feels that it is important for the AWG to work with the other parties involved with the issues and determine the role of each for the upcoming year. Council Member Noyes asked Mr. Naughton about the possibility of the Volume 52 - Page 257 • is • City of Newport Beach City Council Minutes January 11, 1999 AWG expanding its role. Mr. Naughton stated that many of the goals of the AWG have been accomplished, but there is still work to be done. He said that the goals that remain to be accomplished may or may not be performed by the AWG. He said that the AWG is willing to continue performing the goals, but that they are also willing to work with other groups in the region. Council Member Debay agreed with Mr. Naughton's statement that not just the City. of Newport Beach and the AWG should be working towards an airport at E1 Toro. She stated that with the work that has been done by Deputy City Manager Ducey and others, the City and the AWG are gaining support and influence from a wide - reaching group of individuals and parties. Mr. Naughton responded to Council Member Ridgeway's question about the direction the AWG both gives to the City and receives from the City. Mr. Naughton stated that the AWG can provide the City with advice and will perform the functions that it can. He feels that the AWG and the City should continue to work together in determining the direction and utilizing all resources available as efficiently as possible. Mr. Naughton feels that the direction from the City Council is crucial and coordination is important. Council Member Glover introduced some of the Committee members that arrived after the start of the presentation: Dan Gilliland and Rick Taylor. She also acknowledged Clarence Turner, who was in attendance, and thanked the Committee for their efforts. Mayor O'Neil asked about the existing settlement agreement at John Wayne Airport. Mr. Naughton stated that the AWG has discussed the issue, and what the best course of action would be and the timing of such action. He said the AWG feels that the decision about El Toro might affect the direction taken. Council Member Noyes expressed his gratitude to the Aviation Committee and the Airport Working Group. Environmental Quality Affairs Citizens Advisory Committee Mayor O'Neil introduced Mike Bigi, Chairman of the Environmental Quality Affairs Citizens Advisory Committee (EQAC). Mr. Bigi provided the City Council with a handout, outlining his slide presentation. Mr. Bigi continued with the presentation and provided information about the EQAC charter, EQAC's major responsibilities and the membership composition. Mr. Bigi discussed EQAGs accomplishments in 1996, which included review of notices of preparation and environmental impact reports, recommendations to the City Council on a variety of issues and hearing several presentations from City staff. Mayor Pro Tern Thomson asked Mr. Bigi about the homeowner association list that EQAC updated. Mr. Bigi said that EQAC is listing the management associations of the homeowner groups, not the board members. Mr. Bigi went on to discuss the evolution of EQAC in 1998 and the focus of the group. Mr. Bigi outlined some suggested improvements for EQAC which included an increase in meeting frequency and membership dedication, the Volume 52 - Page 258 INDEX • City of Newport Beach City Council Minutes January 11, 1999 INDEX standardization of subcommittee reports, initiating contacts with the homeowner associations and providing an opportunity for open discussions. Mr. Bigi continued with the slide presentation by outlining some of the future agenda items for EQAC. He summarized his presentation by stating that EQAC has evolved into an effective citizens advisory group in 1998, that they will continue to work on contacting the homeowner associations and will strive to keep a continuity of active members. Mayor O'Neil acknowledged some of the members of EQAC that were present at the meeting: Tom Hyans and Barry Eaton. Mayor O'Neil expressed some initial concerns that EQAC's membership was too large to be .effective, but that it seems that they have worked, through these problems and become an effective group. Council Member Adams asked if the size of EQAC should be reduced. Mr. Bigi stated that a reduction would allow for a higher percentage of people showing up at the meetings, but that they would lose the broad cross section of community input and the increased use of subcommittees. Mr. Bigi recommended that people understand that EQAC is a working committee and that subcommittee participation is expected. He would recommend that EQAC remain at its current membership level. Council Member Adams asked City staff if homeowner associations have any • responsibility to report a contact on an annual basis. He also asked if there are guidelines for attendance on the various committees. Mayor O'Neil added that he feels that attendance guidelines should be required of all committee members. He also wanted to have the City Council look at more uniformity among the committees and how the appointments are made. Council Member Debay stated that EQAC may have attendance problems because many of the initial members had a single issue they were concerned about and once the issue was addressed, their attendance dropped. Council Member Noyes stated that there is a provision for meeting attendance requirements, but that it is maybe not being enforced. He also concurred with Mr. Bigi's and Council Member Debay's comments that an effort needs to be made to appoint members that will be active participants. Council Member Noyes expressed the value of the committee in providing him with a broad -based reaction to various issues. Mr. Bigi responded to Council Member Ridgeway's general questions by stating that EQAC holds its meetings at the Police Station. Mr. Bigi added that Assistant City Manager Wood and Economic Development Secretary Kallikounis attend the meetings, providing assistance and minutes. • Council Member Ridgeway continued by discussing the coordination for contacting the homeowner associations. Mr. Bigi stated that EQAC is trying to decide the best way to reach the associations. Council Member Ridgeway suggested that City staff should maybe assist with the process of contacting the homeowner associations. He feels that this is an important aspect of Volume 52 - Page 259 City of Newport Beach City Council Minutes January 11, 1999 INDEX EQAC, and that the City should provide more resources than it has in the past. Council Member Noyes clarified that the City provided the initial homeowner association list and EQAC felt that it needed updating. He admitted that it is an effort to keep the list current because the officers of the approximately 120 organizations can change annually. Mayor O'Neil thanked Mr. Bigi, the efforts of the EQAC members, staff and the Council liaisons, Council Members Noyes and Debay. Economic Development Committee Mayor O'Neil acknowledged the Economic Development Committee (EDC) members in attendance: Ed Selich, Richard Luehrs, and Lisa Reedy. Mr. Selich stated that 1998 was a year of transition for the EDC. He stated that most of the initial goals and objectives of the EDC were accomplished by the end of 1997, under the leadership of Rush Hill. Mr. Selich stated that with the resignation of Mr. Hill as chairman, the EDC reevaluated its objectives and operation. Mr. Selich stated that the EDC continued to develop a long -range vision, and decided to reorganize into four subcommittees - strategic planning, hotel • development, airport studies and image enhancement. He said they also decided to alter the meeting format slightly by changing to bimonthly meetings with the off months dedicated to committee meetings. He said the executive committee continued to meet on a monthly basis. Mr. Selich said that 1999 would bring a strong commitment to an economic development program. Mr. Selich stated that good, strong economic development and quality of life are not mutually exclusive. Mr. Selich pointed out that all but 2 of the 26 EDC members live in the City of Newport Beach. Mr. Selich stated that a strong economic development base could actually improve quality of life. Mr. Selich provided the City Council with two handouts - a narrative on the Economic Development Projects for 1999 and a chart on the Economic Development Work Program for 1999. He pointed out that the EDC gets staff support from the City, and he referred to the chart showing where the staff support efforts are spent. He pointed out the three essential functions, which included administration, BID administration and CDBG administration. Mr. Selich responded to Council Member Debay's question about the numbers on the chart by stating that the numbers represent the percent of staff time spent on each function, by month. Mr. Selich then went through the nine priorities of the EDC, which included • projects for the Balboa Peninsula, the airport area specific plan, attraction and retention of businesses, strategic planning, image enhancement, hotel development incentives, Mariner's Mile design framework, amendment to the traffic phasing ordinance and Newport Center growth. Volume 52 - Page 260 • • • City of Newport Beach City Council Minutes January 11, 1999 Mr. Selich stated that the chart allows the EDC to quantify the staff needs for each priority, and gives the City Council a tool for providing direction to the EDC. Council Member Glover asked about the reference in the staff report for the evening's meeting regarding the General Plan Update (Item #20) and the use of an EDC subcommittee to develop a vision for the future of the City. She.stated that she felt that this function should be performed by the City Council. Council Member Noyes pointed out that both EQAC and EDC mentioned quality of life in their presentations, and he feels that it is important to note this similarity. Mayor Pro Tem Thomson asked about the budgeted money in dollars for the EDC. Assistant City Manager Wood stated that there is not a budget specifically for the EDC, but that the staff time is allocated separately. Mr. Bigi responded to Mayor Pro Tem Thomson's question about coordination with the Conference & Visitors Bureau (CVB) by stating that direct funds are not obtained from the CVB but that a representative from the CVB is on the EDC. Mr. Bigi stated that the EDC is just a citizens advisory committee and doesn't have a budget to really do anything. Council Member Ridgeway confirmed with Acting City Manager Danner that over $100,000 of the budget is allocated to the EDC. Mayor O'Neil thanked Mr. Selich and the EDC for their time and effort, and again noted the importance of the quality of life issue. Council Member Ridgeway added that it's all about the balance between the residents' quality of life issues and proper economic development to support the residents' interests. 2. CLARIFICATION OF ITEMS ON THE EVENING AGENDA. Mayor O'Neil mentioned the supplemental report for Item #25, Appointments by the Mayor to the Council/Citizens Ad Hoc Committees, the Joint Governmental Committees and the Citizens Advisory Committees. He stated that he incorrectly appointed two planning commissioners in the initial report, and that the supplemental report corrects that error. Mayor O'Neil also mentioned Item #6, the creation of the Ad Hoc Harbor Committee, and the nomination of the thirteen members by the Mayor. He stated his concern for knowing the people that would best represent the various interests outlined in the staff report. Acting City Manager Danner assured Mayor O'Neil that staff does have recommendations for the various nominations. Council Member Adams asked about the best procedure for going through the evening's agenda at the study session. Mayor O'Neil reminded staff of the question that Council Member Adams asked earlier in the study session about the responsibility of homeowner Volume 52 - Page 261 INDEX No Report is City of Newport Beach City Council Minutes January 11, 1999 INDEX associations to keep the City informed of their contacts. City Attorney Burnham responded that there is no such requirement for the homeowner associations. Assistant City Manager Wood responded to Council Member Noyes' comment about the homeowner associations reporting their contacts to the City by stating that the City annually contacts each of the homeowner associations, but that the attempts have always been met with mixed response. EQAC was hoping that if they attempted to obtain this information that, being fellow citizens vs. City employees, there might be more willingness to provide the information. Council Member Noyes also commented that each of the associations has a different level of participation. City Attorney Burnham clarified for the City Council that the current item before them was for clarification and questions of items on the consent calendar. It was not for discussion or advocacy of any position. Council Member Ridgeway confirmed with Assistant City Manager Wood that in Item #20, General Plan Update, the attachment to the staff report is the presentation that was made to EQAC. In reference to Item #3, Acceptance of the Offer and Dedication of Newport • Village, Council Member Debay reminded Public Works Director Webb to provide the information about what is involved in the dedication at the evening meeting. Mayor Pro Tom Thomson expressed his idea of what this item, Clarification of Items on the Evening Agenda, could be utilized for at this, and future, study sessions. He suggested that the City Council could use the study sessions as an opportunity to have staff provide clarification of any of the items on the evening's agenda and let staff know of information that will be requested at the evening meeting, in keeping with the Brown Act. City Attorney Burnham confirmed for Council Member Debay that questions about the Consent Calendar can be asked for purposes of clarification, but that discussions cannot take place that lead to consensus or advance the decision making process. City Attorney Burnham stated that if this is the City Council's desire that the item will need to be agendized in a different manner. Mayor Pro Tern Thomson stated that he is uncomfortable with the intention of Item #7, Amendment Regarding Authority of Public Officers or Employees to Issue Citations. Council Member Adams stated his concern that Mayor Pro Tem Thomson was providing an opinion and not just asking a question about the item. City Attorney Burnham clarified that the only substantive change to the existing ordinance is the deletion of the restrictions on the citation authority of the code enforcement supervisor and officers. • In reference to Item #4, Acceptance of the Offer and Dedication of Bayview Landing, Council Member Adams asked about the status of the gas leaks at the site and if the situation had been fully remediated. Public Works Director Webb stated that the site itself has been remediated, although a site Volume 52 - Page 262 • • City of Newport Beach City Council Minutes January 11, 1999 across the street has not been fully remediated. He stated that the City has requested a status report from The Irvine Company, and that the documents would not be recorded until that information is received. In reference to Item #7, Council Member Adams asked for other examples of enforcement activities that would be enabled by this. City Attorney Burnham restated his previous comment regarding this item. In reference to Item #8, Proposed Ordinance Amendments for Obtaining and Retaining an Adult Oriented Business Permit, Council Member Adams asked if all the private clubs in town would be noticed of the hearing before the City Council. City Attorney Burnham stated that they would not be notified because the existing private clubs are exempt from the changes. In reference to Item #11, Fire & Marine Department Computer Network Upgrade, Council Member Adams confirmed with Acting City Manager Danner that the departments are required to keep their own personnel files, in addition to those kept by the Human Resources office. In reference to Item #16, Underground Utilities in Newport Shores, Council Member Adams asked what the track record was in going into assessment districts with a preliminary acceptance of 60 %. Public Works Director Webb stated it has been 100% success in the past. Public Works Director Webb also confirmed that Willdan Associates' fees would be paid for from the assessments. Mayor Pro Tem Thomson asked about the bubble up drain system, its proximity to the Harbor View homes and the possibility of building a wall in reference to Item #12, Sound Walls for MacArthur Boulevard Widening. Public Works Director stated that a wall could be possible if requested in the future, but that it had not been made a part of this project. Council Member Debay asked a general question about budget amendments, referencing the example in Item #12. She asked if the City keeps track of the low bidders who are awarded contracts and come in over the original bid amount. Public Works Director Webb stated that the department includes this information in the staff reports when requesting completion and acceptance of a project, but that a separate tally list is not kept. Mayor Pro Tem Thomson sited examples of projects that met the bid amount and others that required several change orders. A general discussion followed. Public Works Director Webb stated that staff attempts to write project specifications that are as inclusive as possible, which helps to reduce the number of change orders. Council Member Adams inquired about the slope stability on the site under consideration in Item #4, Acceptance of the Offer and Dedication of Bayview Landing. Public Works Director Webb stated that the CIOSA agreement does not allow the City to get the natural slopes surveyed and reconstructed. PUBLIC COMMENTS Barry Eaton suggested to the City Council that the special meeting to discuss the intersection at Bison Avenue and Jamboree Road, Item #22, Volume 52 - Page 263 INDEX • • • City of Newport Beach City Council Minutes January 11, 1999 should not be held in the Council Chambers because it wouldn't be large enough to accommodate the number of people who would probably attend. Mr. Eaton also stated that he has some comments to share in regards to Item #20, General Plan Update. He suggested that the General Plan Update is the key in making sure that the balance between economic development and quality of life happens, and he hopes it is part of the City Council's goal setting. session. Susan Kramer, 1851 Port Seabourne, Co- President of Corona del Mar High School PTA, stated that a group has formed the Track and Field Foundation to put in a premiere running facility in Newport Beach. Ms. Kramer said they've had several fund - raisers and worked hard towards their goal. She stated that $197,000 has been raised privately for the all- weather track. She stated that they are $12,000 short and they are now asking the City for $5,000. Mayor Pro Tem Thomson stated that he would suggest later in the evening that the City Council set criteria on how the City can contribute funds to community groups who have already raised funds. He suggested conducting this type of assistance on an across - the -board basis. Council Member Ridgeway stated that there are a number of school facilities used by the community. He feels that the City could justify partially funding these types of facilities. ADJOURNMENT— 5:10 p.m. •.xt +xr *x * *t « *tttaatttx * +x *ter *•t The agenda for the Study Session was posted on January 6, 1999, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recordin Se • ary (\ _ A r� Mayor Volume 52 - Page 264 INDEX